The Constitution of the Kingdom of Swaziland Act 2005

Judicial Independence

 
Article 62. (1) The independence of the judiciary as enshrined in this Constitution or any other law shall be guaranteed by the State. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. (2) The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. (3) The judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue is within its competence as defined by law. (4) There shall be no inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision. This principle is without prejudice to judicial review in accordance with the law. (5) Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. Any method of judicial selection shall safeguard against judicial appointments, promotion or transfer for improper motives. (6) The term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law.
 

Judicial Council or Parallel Institution

 
Article 153. (1) The Chief Justice and the other Justices of the superior courts- shall be appointed by the King on the advice of the Judicial Service Commission. (2) Where the office of the Chief Justice is vacant, or where the Chief Justice is for any reason unable to perform the functions of office ­ (a) until a person has been appointed to, and has assumed the functions of, that office; or (b) until the person holding the office of Chief Justice has resumed the functions of that office, as the case may be, those functions shall be performed by the most senior of the Justices of the Supreme Court. […] Article 159. (1) There shall be an independent Judicial Service Commission for Swaziland, hereinafter in this chapter referred to as “the Commission”. (2) The Commission shall consist of the following:­ (a) the Chief Justice, who shall be the chairman; (b) two legal practitioners of not less than seven years practice and in good professional standing to be appointed by the King; (c) the Chairman of the Civil Service Commission; and (d) two persons appointed by the King. (3) In the exercise of its functions under this Constitution, the Commission or member of the Commission shall not be subject to the direction or control of any person or authority.
 

Attorney General’s Office

 
Article 77. (1) There shall be an Attorney-General for Swaziland whose office shall be a public office and who shall be appointed by the King acting on the recommendation of the Minister responsible for Justice after consultation with the Judicial Service Commission. (2) A person shall qualify to be appointed Attorney-General where that person qualifies for appointment as a judge of the superior courts. (3) The Attorney-General shall: (a) be the principal legal adviser to the Government; (b) be ex-officio member of the Cabinet; and (c) represent chiefs in their official capacity in legal proceedings. (4) The Attorney-General shall, whenever requested so to do, advise the King on any matter of law including any matter relating to any function vested in the King by this Constitution or any other law.